1. Use of website
This website ("Site"), is owned and operated by Absolute Radio Limited, an English company (no. 02674136) and fully owned subsidiary of Bauer Radio Limited (no. 01394141), whose registered office is at: 1 Lincoln Court, Lincoln Road, Peterborough, England PE1 2RF ("Bauer", "we", "us" or "our").
Additional terms may apply to particular services offered by us ("Additional Terms"). These Additional Terms will be set out at the point of access to the relevant service but also form part of these Terms to the extent that they are applicable. If there is any inconsistency between the Additional Terms for a particular service and these Terms, the Additional Terms will take precedence to the extent that there is any inconsistency.
2. Registration and personal data
Certain parts of our Site or Radio Player may require you to register as a member and/or to otherwise provide certain information about yourself (for example, you will often be asked to provide certain information when you enter a competition made available via this Site). When you submit such information, you agree to provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being "Registration Data").
If you register for a member account, you will only be asked to enter your details on registration (but you may be asked to give your details again when you enter a competition) and you agree to maintain up-to-date Registration Data (by sending an appropriately worded email to: firstname.lastname@example.org) to keep it true, accurate, current and complete.
When you register for an account on our Site, you will be asked to give a unique username and/or password. You are responsible for maintaining the confidentiality of your username and password (as applicable), and are fully responsible for all activities that occur through your website account. You agree to: (a) immediately notify us if you become aware of any unauthorised use of your password or website account or any other breach of security, by sending an appropriately worded email to: email@example.com; and (b) ensure that you exit your website account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
3. Community features
Our Site may, from time to time, provide you with certain interactive community features, provided by our third party affiliate companies (such as Facebook, Disqus or Twitter, "Partners"), which enable you to upload and share comments about Content provided on our Site. Before you will be able to use these community features and upload your comments, you may need to register with one of our Partners and each time you use those community features, you will need to be logged into your account with the Partner. We will do our best to make it clear on our Site when community features are provided by our Partners and not by us.
Comments posted on our Site form part of your User Content so must comply with the Rules of Acceptable Use set out in these Terms.
4. Intellectual property rights
Unless otherwise stated, the content of our Site and Radio Player (including without limitation, software, graphics, text, data, images, designs, compilations, databases, targeting information, interactive features, advertisements, and the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyright material (including source and object code), and all other materials related to our Site) (the "Content") is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. Bauer (and/or our licensors) own the Content. Nothing in these Terms grants you a right or licence to use the Content except as expressly provided herein.
Subject to strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to use our Site and/or our Radio Player and to view, download for caching purposes only and print pages from our Site for your own personal, domestic use.
5. Your content
"User Content" means material (including without limitation text, images, clips, videos, comments, posts and any underlying material) uploaded, shared or submitted to our Site by any user.
Whenever you upload User Content to our Site you must comply with our Rules of Acceptable Use, set out below. You warrant that any such contribution complies with those rules and standards, and you indemnify us for any breach, by you, of them.
With respect to User Content that you upload, share or submit to our Site, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display that content and/or to incorporate it in other works in any form or media (whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio) and you acknowledge and accept that your User Content may be used for advertising and/or sponsorship.
You shall remain the owner of the copyright in any original User Content that you upload, share or submit using our Site. You may continue to use your own User Content in any way you choose, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us under these Terms.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content you upload, share or submit, even if the User Content is modified, altered or changed in a way which you don't particularly like.
When you upload, share or submit User Content via our Site you accept that you are making it available to the general public. This means that both non-registered and registered users may be able to view and access it. Please do not upload your User Content if you do not want it to be publicly available.
You warrant to us that:
- User Content you upload, share or submit to the Site is your own original work and you own the entire right, title and interest in and to it and/or you have all necessary licences, rights, consents and permissions to use, and to authorise us to use the User Content as contemplated by these Terms;
- no further payments are or shall become due to any third parties relating to, arising out of, or in connection with our exploitation of your User Content as contemplated by these Terms;
- your use of the Site or Radio Player complies with the Rules of Acceptable Use set out below; and
- Your User Content (in whole or in part) does not defame any third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties.
Bauer accepts no responsibility for any statements, material (including User Content) or other submissions placed on our Site by you or any third party user, or for any loss or damage resulting from your breach of the above Rules of Acceptable Use.
We do not monitor the submission or publication of User Content or users' use of our Site.
We reserve the right to edit or remove any material including User Content uploaded, shared or submitted using our Site, for any reason whatsoever.
6. Rules of acceptable use
Use of our Site and/or Radio Player that is inconsistent with the following Rules of Acceptable Use is strictly prohibited. By your use our Site and/or Radio Player, you are deemed to accept our Rules of Acceptable Use.
Your use of our Site and/or Radio Player is subject to the following (non-exhaustive list of) key rules. You must not:
- use our Site and/or Radio Player for any illegal or unlawful purpose (you must comply with these Terms and with all applicable laws and regulations at all times);
- use our Site and/or Radio Player for any purpose other than your own private or domestic purpose;
- use our Site to solicit information from anyone under the age of 18;
- alter, adapt, modify, copy or create a derivative work from our Content.
Rules for use of our Radio Player – Not to be accessed outside of the UK
Our Radio Player is strictly available for your non-commercial use in the UK only. For licensing reasons, it should only be accessed and used from your personal computer or, if you are accessing it from a handheld portable device, you should only use the functionality that enables you to pause and replay our radio simulcasts in your own home.
We reserve the right to edit or remove without notice any Content on or functionality of our Radio Player, for any reason whatsoever.
Rules for user content
Comments, message boards, personal profiles and any discussion forums or pages of our Site where you are capable of posting User Content are provided for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of our Site that is inconsistent with those stated purposes is strictly prohibited. Your use of these forums is subject to the following rules.
You must not upload, share or submit any User Content that:
- i. includes obscene or offensive language or images;
- ii. is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate;
- iii. has been disclosed to you in confidence or which, by its nature, is confidential;
- iv. compromises the privacy or security of anyone other than yourself;
- v. may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
- vi. belongs to any person (or where the rights in or to it belong to any person) other than yourself without the prior written consent of the owner of it;
- vii. if used by Bauer, or any third party licensed or permitted by Bauer, will give rise to any third party claims;
- viii. directly or indirectly suggests any endorsement or approval by Bauer of a product, service, content or any belief or opinion expressed within a product or service;
- ix. comprises of a link taking users to unlawful material or material that otherwise contravenes these Rules of Acceptable Use;
- x. comprises an advertisements or commercial solicitations (including using our Site to promote or encourage the sale of your goods/services);
- xi. authorises, enables or encourages the dissemination of junk mail or chain letters.
Rules for registered users
You must not:
- register or attempt to register as a member of our Site unless you are at least 13 years old.
- impersonate another person or create a false or misleading identity.
Competitions and promotions are subject to additional terms. Please view our general terms and conditions for Competitions (available here) which apply to all of our competitions ("Competition Terms"). The Competition Terms may be varied or supplemented by Additional Terms specific to each particular competition or promotion. Any Additional Terms will be brought to your attention when appropriate and prior to you submitting your entry for the relevant Competition.
8. Linking to our website
We welcome 'hot links' and deep-links to our Site by which we mean that you may include a link to any page of our Site on other websites, provided that you do not use such link in any way which would imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us or any other brands in our group into disrepute. You may not display the Content or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please email firstname.lastname@example.org.
9. Feeds to other websites/RSS
If you operate your own website, you can display the latest headlines from other websites on your own websites using RSS. We encourage the use of feeds as part of your website, provided that the proper format and attribution is used when any of our Content appears. You may not use any Bauer logo or other trademark alongside the RSS feed.
We reserve the right to prevent the distribution of content using RSS. We do not accept any liability arising from your use of the feeds or from any inaccuracy or omission in the content or interruption in availability.
Third party links
Complaints and notice and takedown
We do not pre-screen any User Content before it is uploaded to our Site. Some User-Content may comprise comments, reviews and/or feedback ("Comments") relating to you, which may be critical or defamatory towards you. We assume no responsibility or liability for any Comments uploaded or published by users.
We have the right (but not the obligation) at our sole discretion to refuse to upload or to remove any Content, Comments or other User Content uploaded, shared, submitted or posted on our Site and/or Radio Player without the need to give any reasons for doing so.
You can report any abuse or complain about any Content, Comments, User Content or other Content on our Site and/or Radio Player by sending an email to email@example.com giving full details of the abuse or complaint, including:
- your full name (or the full name of the alleged victim/complainant and confirmation that you are authorised to act of their behalf);
- a description of the Content or User Content that is the subject of your complaint and an explanation of why you object to it;
- information reasonably sufficient to permit us to locate the User Content / Content in question on our Site or Radio Player (including a URL specifying the date our Site and/or Radio Player was accessed and/or a screen shot);
- information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the user that has submitted any User Content complained of so that they may contact you directly, in order to attempt to resolve the complaint amicably);
- your electronic or physical signature (which may be a scanned copy); and
- your confirmation that the information in the notification is true and accurate.
Notice and takedown
If you are a rights owner (or acting on behalf of a rights owner) and believe that any User Content / Content infringes your copyright or other intellectual property right, you must provide us with a written notice by email to firstname.lastname@example.org which states:
- that you are the rights owner or are authorised to act on the rights owner's behalf;
- that you have identified Content or User Content on our Site and/or Radio Player which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the Content/User Content in the manner complained of is not authorised by you, the rights owner's agent or by law; a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a video clip) and any relevant further details; a description of the way in which the copyright material has been infringed;
- information reasonably sufficient to permit us to locate the User Content/Content in question on our Site or Radio Player (including a URL specifying the date our Site and/or Radio Player was accessed and/or a screen shot);
- information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
- your electronic or physical signature (which may be a scanned copy); and
- that the information in the notification is true and accurate.
Our 'notice and takedown' and / or complaints procedures are regulated by law. There may be negative consequences if you falsely allege User Content/Content is infringing copyright or is defamatory and send us notification in bad faith.
We recommend that you take legal advice before sending a copyright infringement notice or defamation complaint, especially if you are unsure about your rights in the User Content/Content, or whether there has been an infringement of your rights.
We have a policy of terminating the user accounts of repeat copyright infringers or persons that are the subject of frequent user complaints. A repeat offender is either:
- a user who has submitted two or more items of User Content for which Bauer receives a copyright infringement notice in accordance with this section; or
- a user who has submitted two or more items of User Content for which Bauer receives a compliant in accordance with this section; or
If your account is terminated in accordance with this provision then, you must not register or attempt to register a new user account. You agree to keep us fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a breach of this clause.
12. Advertising and sponsorship
Our Site and Radio Player may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Site and/or Radio Player complies with applicable laws and regulations. We do not assume responsibility for any error or inaccuracy in any advertising or sponsorship material.
13. Termination and suspension
We reserve the right to modify or suspend any service offered by us or any part of it (including the availability of any features of or pages on our Site or Radio Player) at any time and without notice or liability to you. We are also entitled to suspend or terminate your membership or access to any part of our Site or Radio Player at any time if you breach these Terms.
We will try to warn users that their access to our Site, Radio Player and/or their membership may be suspended or terminated.
You use our Site and/or Radio Player and the services offered by us at you own risk. Our Site and/or Radio Player, the Content, the User Content and other services offered by us are provided "as is" and on an "as available" basis. The Content and information displayed on our Site and/or Radio Player is provided without any warranties as to its completeness or accuracy.
We do not guarantee that our Site and/or Radio Player, the Content, User Content or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.
To the fullest extent permitted by law, Bauer (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our Site and/or Radio Player, including, without limitation, any liability for:
- i. loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
- ii. wasted management or office time; and
- iii. any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) the tort of deceit; or (c) any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify us and keep us fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our Site and/or Radio Player, the Content, the User Content or any services offered by us, or arising from any breach of these Terms by you or your violation of any law or third party rights.
- If any term of these Terms is held to be unlawful and/or unenforceable, it shall be severed and deleted from these Terms and the remainder of these Terms shall remain valid and enforceable.
- These Terms are not intended to benefit or be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to them.
- These Terms are governed by English law, and any disputes will be subject to the exclusive jurisdiction of the English courts.
These Terms were last updated in February 2014.
© Copyright 2014 Bauer Radio Ltd